In the Matter of the Application of Augustine B.

Motion No: M-941

Slip Opinion No: 2020 NYSlipOp 65385(U)

Decided on April 9, 2020

Appellate Division, First Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

April 9, 2020

In the Matter of the Application of

Augustine B.,

Petitioner,

For a Rehearing to Review with Jury

Pursuant to Section 330.20(16) of the

Criminal Procedure Law and Section 9.35CONFIDENTIAL

of the Mental Hygiene Law, v

Kirby Forensic Psychiatric Center,

Respondent.

- - - - - - - - - - - - - - - -

New York State Commissioner of Mental

Health,

Appellant,

Darcel D. Clark, District Attorney

of Bronx County,

Appellant.

An appeal having been taken from the order of the Supreme Court, Bronx County, entered on or about April 9, 2019, Now, upon reading and filing the stipulation of the parties hereto, dated January 16, 2020, and due deliberation having been had thereon, It is ordered that the appeal, previously perfected, is withdrawn in accordance with the aforesaid stipulation. ENTERED: April 9, 2020

_____________________ CLERK

PRESENT: Hon. Rolando T. Acosta,Presiding Justice,David Friedman Dianne T. Renwick Rosalyn H. Richter Sallie Manzanet-Daniels, Justices

M-941

Index No. 336/04